HomeMy WebLinkAbout05-22-07PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Barbara Lee Freysinger ~-7~~ ~~.~~
File Number ~ ~ 'd'~~ J c.L~ -
- ~7
also known as - - -
Deceased Social Security Number 174-20-6761` r-~ -
--
Millazd C Frevsinger - ~"
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
--- t. w~
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is 1-aze-the Executor ~ nar~etl in the
last Will of the Decedent dated July 2, 2004 at~d-oedieii(sj~sted-
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance absentia; durance mtnoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c. t. a. or d.b.n.c.t.a., enter date of Wil! in Section A above and complete list of heirs.)
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with tristher last principal residence at
530 16th Street New Cumberland Penns lvania 17070
(List street address, town/city, township, county, state, zip code)
Decedent, then 80 years of age, died on December 30, 2006 at 530 16th Street, New Cumberland, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 110,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $ 0.00
Value of real estate in Pennsylvania $ 110,000.00
situated as
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
I~,Q~c
Millazd C. Freysinger
/~ ~ 530 16th Street, New Cumberland, PA 17070
Form RW-02 rev. 10.13.06 Page I Of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF Cumberland
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and ubscribed
nn ^^ Signature of Personal Representative
before me the O~ daynof
Signature of Personal Representative `~ ~
(7 ;:.
-_7
For the Register Signature of Personal Representative - `~--
_. ; ;
File Number: ~~ " d1 -~]~~ ~ '
Estate of Barbara Lee Freysinger ,Deceased r.,~
Social Security Number: 174-20-6761 Date of Death: December 30, 2006
AND NOW, in consideration of the foregoing Petition, satisfactory proof
having been presented befor e, IT IS DECREED that Letters Testamentary
are hereby granted to Millard C. Freysinger
in the above estate
and that the instrument(s) dated July 2, 2004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............... ~(l QU •l1U
Short Certificate(s) .. (5)... $ 0~0 • cx~
Renunciation(s) .......... $
1,~~ tl ... $ 15 -cx~
1e P ... $ Io • ~~
s~2 ~irr~ ... $ S ~ OCR
... $
... $
... $
... $
... $
... $
TOTAL .............. ~~%C7 C~
Attorney Signature:
Supreme Court I.D. No.: 7217
Address:
Telephone:
3401 North Front Street
PO Box 5950
Harrisburg, PA 17110-0950
717-232-5000
Form RW-02 rev. ~o.~s.o6 ~ Page 2 of 2
Attorney Name: Howell C. Mette
105.805 REV 1/OS
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
Local Registrar
P 13104410
No.
3 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
NAME OF DECEDENT (First, Middle. Lalel SE% SOCIAL SECURITY NUMBER V _~ DATE OF DEATH (Month, Day, Peer)
~• Lee 1 V ~' ! ~ ' ~r° 2• -eu.al 3.174 - 20 - 6761 4•December 30 2006
AGE (Leal BiMdey) UN R i YEAR UN R 1 DAY DQE OF &RTH
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COUNTY OF DEATH Crt1', BORO. TWP OF DE1QH FACILITY NAME (If nd irwtituaon, give street and number) WA
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CEDENT OF HISPANIC ORIGIN? RACE -American Mdlen, &ack
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CEDENi'S USl1AL OCCUPQION KIND OF BUSINESSANDUSTRV WAS DECEDENT EVER IN DECEDENT'S EDl1CATION MARIULL STQUS•Marrled SURVIVING SPOUSE
(Dive kind d work done doing moat U.S. ARMED FORCEST h aM cam Navar Manled, Wkbwed, pf wpe
Siva mefdan name)
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FATHER'S NAME , Midde, Last) ~ MOTH S NAMF, (Prat Middle, Maiden Surname)
Linwoo~ Burton Anderson ~enrietta
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Stonesifer
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FOLtytl~yr~arE(rypelPnrn) C. Freysinger
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SKtNQURE ERAL VI ICENSEEORPERSONACTINGAS8UCH LICENSE NUMBER NQd D/~f~F~S3 CILI ar a~rtOT q
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Complete gems ony wMn certNylrp To the best of my knovdedge, death occurred at the time, date and place stated. LICENSE NUMBER DQE SIGNED
physician b rat avellede of time d daaM to (Signahue end Title) (Modh
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hams 2426 moat De completed tfy TIME OF DEATH , ~) 1 ' DQE PRONOU ~ D DEAD (MOntll, Day, Year) WAS CASE REFERRED TO MEDICAL F~fAMINERM.ORONER7
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27. PART L Enter its tlleeasea, injurba or complMatrorro which caused iha deem. Do rat emer the mode of dyirq, such as cardiac or respiratory arrest shock or heart failure. f Approxhnate PART II: Other signifaant cond'niona wnmbuting ro death
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IMMEDIATE CAUSE (Final t onset end tlaelh
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reauping in deem/ LAST I
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WMS AN AUTOPSY WERE AUTOPSY FlNDINGS MANNER OF DEQH DQE OFIWURV TIME OFINJURV INJURVQ WORK? DESCRIBE HOWINJURY OCCURRED.
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CERTIFIF.A (Check ony one)
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'PIIONOUNCING AND CERTIFYING PNVSIdAN (Physician hdh prorauroing deem arW cerHlying to cause d deem) LICENSE N MBER ,~
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To Ore heat o/ my knoerledps, death aewmtl at tM tkne, dale, and pleee, aM dw b fM cane(s) and menrter ae sblad .......................... ^ 310. '
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'MEDICAL EXAMINERlCORONER NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEQH
(Item 27) Type or Pdnt _
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On the bob of sxsminMlon and/or Imsatlpation, b my opinion, death oeeurcad ai tM time, dab, and pbea, end due to the cause(s) ertd
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REGISTRAR'S SIGNQURE AN~ER ~ / ~ / DQE FILED (Month, Gay, weer)
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~ D 7
JAN 0 3 2007
~~.~~ V'V' Illlll ~.7CIlQ1L ~~~~~IIIl'b~7C11~
OF
BARBARA L. FREYSINGER
I, BARBARA L. FREYSINGER, of Cumberland County, Pennsylvania,
do make, publish and declare this to be my Last Will and Testament, hereby revoking
all Wills and Codicils by me at any time made. _ _
ITEM I: I direct that all inheritance and estate
taxes becoming due by reason of my death, whether payable by my estate or by any. -
recipient of any property, shall be paid by the Executor out of the residue of any . .
estate, as an expense and cost of administration of my estate. The Executor shall
have no duty or obligation to obtain reimbursement for any such tax so paid, even
though on proceeds of insurance or other property not passing under this Will.
ITEM II: I direct the Executor to pay the expenses
of my last illness and funeral expenses from the residue of my estate as an expense
and cost of administration of my estate.
ITEM III: If I die before my husband, MILLARD C.
FREYSINGER, I give to him all of my household furniture and furnishings, books,
pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of
household or personal use or adornment and all policies of insurance thereon. If I do
not "die before my husband, I make this gift to my children living at the time of my
death, to be divided among them as they shall agree. Should there be no agreement,
the Executor shall divide this property among them in as nearly equal portions as the
Executor, in the sole discretion of the Executor, deems appropriate, having due
regard to the personal preferences of my children.
Page 1 ~`~~, ,
ITEM IV: I give the residue of my estate, not
disposed of in the preceding portions of this Will, to my husband, MILLARD C.
FREYSINGER, as Trustee, IN TRUST, to be divided into two parts, each of which
shall constitute separate trust funds to be known as "Trust A" and "Trust B."
"Trust A" : "Trust A" shall consist of a fraction of my
residuary estate. The numerator shall be a sum equal to the largest
amount that can pass free of Federal estate tax under my Will by reason
of the applicable credit amount and the state death tax credit (provided
that the use of this credit does not require an increase in state death
taxes) allowable to my estate but no other credit and after taking
account of dispositions under other items of this Will and property
passing outside of this Will which do not qualify for the marital or
charitable deduction and after taking account of charges to principal
that are not allowed as deductions in computing my Federal estate tax.
The denominator shall be the value of my residuary estate. For
purposes of establishing this fraction, the values finally fixed in the
Federal estate tax proceeding relating to my estate shall be used. I
recognize that the numerator of this fraction may be zero (0), in which
case no property shall pass to "Trust A." I also recognize that the
numerator maybe affected by the action of the Executor in exercising
certain tax elections.
"Trust B": "Trust B" shall consist of the balance of
my residuary estate not placed in "Trust A."
ITEM V: The following provisions shall apply to
"Trust A":
,~t~ ,
Page 2
(a) The Trustee shall pay the net income arising from the
principal of this Trust in convenient, at least annual, installments to my
husband, MILLARD C. FREYSINGER, during his lifetime.
(a) During the lifetime of my husband, the Trustee shall pay
to or for the benefit of my husband so much of the principal of this
Trust as may be necessary, in the sole discretion of the Trustee, for the
proper support, maintenance and medical care of my husband.
(c) Upon the death of my husband, the Trustee shall divide
the principal and any accretions thereto and any accumulations of
income into as many equal parts as there are the then following listed
children of mine who are then living or if then deceased, are represented
by then living issue. The Trustee shall distribute one such share to each
of such then living children, and shall hold one such share as a separate
Trust for the benefit of the issue of each such then deceased child, per
stirpes:
PATRICIA L. FREYSINGER
LAURA L. FREYSINGER
DAVID S. FREYSINGER
ALAN J. FREYSINGER
VALERIA J. FREYSINGER
MARY C. FREYSINGER
(d) In each Trust established for the benefit of the issue of a
deceased child of mine, the Trustee shall quarterly pay the net income
to or for the benefit of the issue of my deceased child, per stirpes, living
at each time of quarterly distribution. As soon as any issue of my
deceased child attains the age of twenty-one (21) years, and in no event
Page 3
later than twenty (20) years following the death of the survivor of my
husband and me, the Trustee shall distribute the remaining principal to
the then living issue of my deceased child, per stirpes.
(e) If at any time before final distribution of the assets of any
of the Trusts established for issue of deceased children, there are no
living beneficiaries of said Trust, the Trust shall terminate, and its
assets shall be distributed to my other children if then living, or if a
child is not then living to such child's then living issue, per stirpes. The
share payable to the issue of deceased children hereunder shall continue
to be held in trust for the benefit of said issue in accordance with the
provisions of subparagraph (d), provided, that if any of the Trusts
herein created for the benefit of issue of deceased children have been
terminated by the payment of its principal to its beneficiaries, the
beneficiaries who received payment of the principal of that Trust shall
collectively be considered an "existent Trust" for the purposes of this
paragraph, and one equal share shall be paid directly to such
beneficiaries in the same proportion by which they received the
principal of the Trust, or, if any such beneficiary is deceased, to the
issue of such beneficiary, per stirpes.
ITEM VI: The following provisions shall apply to
"Trust B":
(a) Trustee shall, beginning at my death, pay over the net
income in convenient, at least annual, installments to my husband,
MILLARD C. FREYSINGER, during his lifetime.
(b) The Trustee shall also, from time to time, pay to my
husband so much of the principal of this Trust as the Trustee deems
Page 4
necessary for the proper support, maintenance and medical care of my
husband.
(c) Upon the death of my husband, the Trustee shall pay all
accrued income and all income accumulated but undistributed to the
estate of my deceased husband. The Trustee shall thereafter transfer
the principal of this Trust to "Trust A" to be held, administered and
distributed in accordance with the provisions of ITEM V of this Will.
(d) If my husband should not survive me, the provisions of
"Trust B" shall be void. The part of my estate which would have
constituted "Trust B" shall be added to "Trust A" to be disposed of in
accordance with ITEM V of this Will.
(e) The Executor is authorized in the Executor's exclusive and
unrestricted discretion to determine whether to elect (under Section
2056(b)(7) of the Internal Revenue Code of 1986 as amended, or any
corresponding provision of the Federal estate law), to qualify all, none
or a fraction of "Trust B" for the Federal estate tax marital deduction.
The Executor's decision with respect to this election shall be binding
upon all persons. Only property which is fully eligible for the marital
deduction under Federal estate tax law shall be assigned to this Trust.
Notwithstanding anything to the contrary contained in this Will, the
Trustee shall not retain or invest in any property which is or becomes
unproductive. Notwithstanding the provisions of subparagraph (c) of
this Item, the Trustee shall promptly pay to the Executor of my
husband's estate, out of the principal of this Trust upon the death of my
husband, an amount equal to the estate, inheritance, transfer,
succession and other death taxes ("death taxes"), Federal, state and
other, payable by reason of the inclusion of the value of Trust property
Page 5 ~ ~``
in my husband's estate. This payment shall equal the amount by which
(1) the total of the death taxes paid by my husband's estate exceeds (2)
the total of the death taxes which would have been payable if the value
of the Trust property had not been included in his estate. My husband's
Executor shall determine the amount payable, and the determination
shall be final. The determination of the amount due shall be based upon
values as finally determined for Federal estate tax purposes in my
husband's estate. After payment of the amount determined to be due
hereunder, the Trustee shall be discharged from any further liability
with respect to payment. My husband may waive his estate's right to
payment under this subparagraph by Will, executed after my death, in
which he specifically refers to this right.
ITEM VII: No part of the income or principal of any
Trust created by this Will shall be subject to attachment, levy or seizure by any
creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior
to his or her actual receipt of income or principal distributed. The Trustee shall pay
the net income and the principal to the beneficiaries specified by me, as their
interests may appear, without regard to any attempted anticipation, pledging or
assignment, and without regard to any claim or attempted levy, attachment, seizure
or other process against the beneficiary.
ITEM VIII: The Executor and the Trustee shall each
possess the following powers, each of which may be exercised without court approval
and in a fiduciary capacity only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named
that bank as the Executor or Trustee.
Page 6 -,~'~' T
(b) To vary investments, and to invest in bonds, stocks, notes,
real estate mortgages or other securities or in other property, real or
personal, without being restricted to so-called "legal investments," and
without being limited by any statute or rule of law regarding
investments by fiduciaries.
(c) In order to divide the principal of a Trust or for any other
purpose, including final distributions, the Executor and Trustee are
authorized to divide and distribute personal property and real property,
partly or wholly in kind, and to allocate specific assets among
beneficiaries and Trusts so long as the total market value of each share
is not affected by the division, distribution or allocation in kind. The
Executor and Trustee are each authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) To sell either at public or private sale real and personal
property severally or in conjunction with other persons, and to
consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
options or other writings as necessary or convenient to any of the power
conferred upon the Executor and Trustee.
(e) To mortgage real estate, and to make leases of real estate.
Page 7 ~- ~
(f) To borrow money from any person, including the Executor
or Trustee, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to
assign and pledge assets of my estate or any Trust established by this
Will. This paragraph shall not be construed to authorize borrowing
from "Trust B."
(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate or any Trust established under
this Will. If any death taxes are payable with respect to my estate, these
taxes shall be paid from "Trust A.
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as the
Executor deems prudent and appropriate.
(i) To vote shares of stock which form a part of my estate or
any Trust established under this Will, and to exercise all the powers
incident to the ownership of stock.
(j) To unite with other owners of property similar to property
in my estate to carry out plans for the reorganization of any company
whose securities form a part of my estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to the
following means: as beneficiary under a will, as an appointee under the
exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract. ~r, ~,
Page 8 ~s `=~~
(1) To prepare, execute and file tax returns of any type
required by applicable law, and to make all tax elections authorized by
law.
(m) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor or Trustee deems
appropriate, and to compensate these persons from assets of my estate
or trust, without affecting the compensation to which the Executor and
Trustee are entitled.
(n) To divide any Trust created in this Will into two or more
separate Trusts so that inclusion ratio for purposes of the
generation-skipping transfer tax shall be either zero or one, in order
that an election under Section 2652(a)(3) of the Internal Revenue Code
may be made with respect to one of the separate Trusts, or for any other
reason.
(o) To allocate administrative expenses to income or to
principal, as the Executor or Trustee deems appropriate. However, no
allocation to income shall be made if the effect of the allocation is to
cause a reduction in the amount of any estate tax marital deduction or
estate tax charitable deduction.
(p) To do all other acts in their judgment necessary or
desirable for the proper and advantageous management, investment and
distribution of the estate and Trusts established under this Will.
ITEM IX: The Trustee is authorized to distribute
principal and/or income in any one or more of the following ways if the Trustee, in
the sole discretion of the Trustee, considers the beneficiary unable to apply
Page 9 ~ ~' ~
distributions to the beneficiary's own best interests, or if the beneficiary is under a
legal disability:
(a) Directly to the beneficiary;
(b) To the Trustee, or to another person selected by the
Trustee, as custodian under the Pennsylvania Uniform Transfers to
Minors Act as to a beneficiary under the age of twenty-one (21) years;
(c) To a relative of the beneficiary, to be expended by that
relative for the benefit of the beneficiary; or
(d) By directly applying distributions for the benefit of the
beneficiary.
This power shall not apply to any distribution to my spouse from any trust which has
qualified for the marital deduction in my estate.
ITEM X: Any person who has died within thirty
(30) days of my death shall be deemed to have predeceased me.
ITEM XI: I appoint my husband, MILLARD C.
FREYSINGER, to be the Executor. In the event of his death, inability or refusal to
serve as Executor or Trustee, I appoint my daughters, PATRICIA L. FREYSINGER
and VALERIA J. FREYSINGER, to be the Executors and Trustees. The Executor
and Trustee are specifically relieved from the duty of filing bond or entering security.
Page 10
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last
Will and Testament, consisting of this and the preceding ten (10) pages, at the end of
each page of which I hav~also set my ini ials f r greater security and better
da of ~ , 2004.
identification this ~ y
(SEAL)
BARBA L.FREY
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last Will
and Testament, in the presence of us, who, at her request and in her presence and in
the presence of each other, have hereunto set our hands and seals the day and year
first above written, and we certify that at the time of the execution thereof, the said
Testatrix was of soun and disposing mind and memory.
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OATH OF SUBSCRIBING WITNESS(ES) ',
G TER OF WILLS
COUNTY, PENNSYLVANIA -' a e
~.,.,
E ~~--
~~~ ~~~ \ ~ t t ,Deceased
Estate of
~~,~~~ C ~M~.T-T-~ ~ ~~ 1i~(~~p ('~ ~~1,~~ ach) a subscribing witness to
~1~ (Print Names)
the L'~~Will C-~ ac,~ )presented herewith, (each) being duly qualified according to law, deposes}-and
say(s~that she /~ /they was /were present and saw the above ~/ Testatrix sign the same
and that she /~ffie~}' signed the same and that - - 6 signed as a witness at the request of
the ~estatzn' /Testatrix in her /his presence and in the presence of each other.
14~~..~GCP B 4~-
(Signature)
Zc~ 5 1•~ - 210`` ~ ~ -
(Street Address)
~~ ~ ~, pG ~ ~~~ l
(City, State, Zip)
~~
(Signature)
~3o ccJ ~~~` S~'
(Street Address)
~!~ ~~ u16 ew (a ~~ ,~~ X70 7~
(City, state, zip)
Executed in Register's Office
Sworn to or affirmed anc} subscribed
before me this ~ ~1 day
of ~ ~~-•
l~.~
D uty or Reg> ter of Wills
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this
day
of
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
Form RW-03 rev. !0.13.06